Explanation
Rezoning Application # Z09-014
APPLICANT: Preferred Real Estate Investments II, LLC; c/o Robert A. Meyer, Jr., Attorney; Porter, Wright, Morris & Arthur LLP; 41 South High Street; Columbus, Ohio 43215.
PROPOSED USE: Office and hotel development.
DEVELOPMENT COMMISSION RECOMMENDATION: Approval (3-0) on August 13, 2009.
CITY DEPARTMENTS' RECOMMENDATION: Approval. The site is subject of a 2008 rezoning (Z07-027) from the C-2, Commercial District to the L-C-4, Limited Commercial, and L-AR-12 Limited Apartment Residential Districts. The L-C-4 District is developed with an extended-stay hotel. The requested L-C-4, Limited Commercial District would permit all C-2 uses with the addition of hotel uses. The limitation text contains appropriate development standards that are consistent with the adjacent L-C-4 District, and includes buffering and screening provisions in consideration of the adjacent single-family residential development. The site is located within the planning area of The Northwest Plan (2007), which supports development under the previously zoned C-2 District. Since the Plan recommendation had been deviated from for the current L-C-4 and L-AR-12 Districts, and this proposal will now allow office development and only one C-4 use for hotel development, Staff is supportive of the request. The proposed L-C-4, Limited Commercial District is compatible with the zoning and development patterns in the area.
Title
To rezone 7324 SKYLINE DRIVE EAST (43235), being 7.01± acres located at the northeast and northwest corners of Skyline Drive East and Snouffer Road, From: L-AR-12, Limited Apartment Residential District, To L-C-4, Limited Commercial District and to declare an emergency (Rezoning # Z09-014).
Body
WHEREAS, application #Z09-014 is on file with the Building Services Division of the Department of Development requesting rezoning of 7.01± acres From: L-AR-12, Limited Apartment Residential District, To: L-C-4, Limited Commercial District; and
WHEREAS, the Columbus Public Health Healthy Places program reviews applications for active living features, and recognizes this development has included bike racks for customers or employees that ride their bike by choice or because of limited alternatives, and five-foot wide sidewalks which has been shown to increase walkability; and
WHEREAS, an emergency exists in the usual daily operation in the City of Columbus in that it is immediately necessary to pass this ordinance due to the need to permit expedited submittal of plans and commencement of construction for site development in advance of winter weather for the immediate preservation of the public peace, property, health and safety; and
WHEREAS, the Development Commission recommends approval of said zoning change; and
WHEREAS, the City Departments recommend approval of said zoning change because the proposed development is compatible with the development in the area, and the limitation text includes appropriate development standards, now, therefore:
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF COLUMBUS:
SECTION 1. That the Official Zoning Map of the City of Columbus, as adopted by Ordinance No. 0179 -03, passed February 24, 2003, and as subsequently amended, is hereby revised by changing the zoning of the property as follows:
7324 SKYLINE DRIVE EAST (43235), 7.01± acres located at the northeast and northwest corners of Skyline Drive East and Snouffer Road, and being more particularly described as follows:
LEGAL DESCRIPTION: 7324 SKYLINE DRIVE E
1.505 ACRES
Situated in the State of Ohio, County of Franklin, City of Columbus, lying in Quarter Township 1, Township 2, Range 19, United States Military Lands, being all of Lot 2 "Sawmill Road Office Park", a subdivision of record in Plat Book 58, Page 80, as conveyed to F.I.G. Holding Company by deeds of record in Official Records 2404 F18 and 8789 J08, (all references are to the records of the Recorder's Office, Franklin County, Ohio) and being more particularly described as follows:
BEGINNING at the northwesterly corner of said Lot 2;
Thence South 87° 38' 15" East, a distance of 167.82 feet, with the northerly line of said Lot 2, to the northeasterly corner thereof, in the westerly right-of-way line of Skyline Drive East, as dedicated in Plat Book 58, Page 80;
Thence South 02° 11' 58" West, a distance of 361.99 feet, with said westerly right-of-way line, and the easterly line of said Lot 2 to a point of curvature;
Thence with said curve to the right, having a central angle of 90° 12' 58", a radius of 30.00 feet, an arc length of 47.24 feet, and a chord which bears South 47° 21' 29" West, a chord distance of 42.51 feet, continuing with said westerly right-of-way line, and the easterly line of said Lot 2, to a point of tangency in the northerly right-of-way line of Snouffer Road (width varies);
Thence North 87° 29' 01" West, a distance of 137.68 feet, with said northerly right-of-way line, and the southerly line of said Lot 2, to the southwesterly corner thereof;
Thence North 02° 11' 58" East, a distance of 391.68 feet, with the westerly line of said Lot 2, to the POINT OF BEGINNING, containing 1.505 acres, more or less.
AND
5.50 ACRES
Situated in the State of Ohio, County of Franklin, City of Columbus, Quarter Township 1, Township 2, Range 19, USMD and being all of Lot 1 and part of Lot 4 of "Sawmill Road Office Park" recorded in Plat Book 58, Page 80 and described as follows:
Beginning at the southeast corner of said Lot 1, in the north right-of-way line for Snouffer Road;
Thence with said north right-of-way line and with the east right-of-way line for Skyline Drive East, the following courses;
N 87° 31' 02" W, 177.55 feet to a point of curvature;
with a curve to the right, having central angle of 89° 44' 04", a radius of 30.00 feet, and an arc length of 46.98 feet, a chord bearing and chord distance of N 42° 39' 13" W, 42.33 feet to a point of tangency;
N 02° 13' 02" E, 756.78 feet to the northwest corner of that 3.602 acre tract conveyed to A.I.F. Holding Company of record in Official Record 2404F07;
Thence S 87° 09' 03" E, across said Lot 4 with the north line of said 3.602 acre tract, 407.56 feet to the northeast corner thereof, in an east line of said Lot 4;
Thence S 02° 12' 22" W, with said east lot line, 382.87 feet to the southeast corner thereof;
Thence N 87° 44' 13" W, with a south line of said Lot 4, 200.00 feet to the northeast corner of said Lot 1;
Thence S 02° 14' 45" W, with the east line of said Lot 1, 400.40 feet to the Point of Beginning. Containing 5.50 acres, more or less. Subject, however, to all legal highways, easements, and restrictions. (Also, subject to a No Build Zone being 30 feet in width and across a portion of said Lot 4. Bounded on the north by the north line of said 3.602 acre tract, on the south by a south line of said 3.602 acre tract, on the east by the east line of said 3.602 acre tract, and on the west by a line 30 feet west of and parallel to the east line of said 3.602 acre tract.) The above description was prepared by John C. Dodgion, P.S. 8069 of Advanced Civil Design, Inc. on July 17, 2007 and is based on existing records. This description was prepared for rezoning purposes and is not to be used for transfer.
Bearings are based on the same as shown on Plat Book 58, Page 80. All references used in this description can be found at the Recorder's Office, Franklin County, Ohio.
To Rezone From: L-AR-12, Limited Apartment Residential District,
To: L-C-4, Limited Commercial District.
SECTION 2. That a Height District of Thirty-five (35) feet is hereby established on the L-C-4, Limited Commercial District on this property.
SECTION 3. That the Director of the Department of Development be, and he is hereby authorized and directed to make the said changes on the said original zoning map in the office of the Building Services Division and shall register a copy of the approved L-C-4, Limited Commercial District and Application among the records of the Building Services Division as required by Section 3370.03 of the Columbus City Codes, said plan being titled, "SITE PLAN," said text titled, "DEVELOPMENT TEXT," both dated August 19, 2009 and signed by Robert A. Meyer, Jr., Attorney for the Applicant, and the text reading as follows:
DEVELOPMENT TEXT
L-C-4, LIMITED COMMERCIAL DISTRICT
7.005± Acres
EXISTING DISTRICT: L-AR12, Apartment Residential District
PROPOSED DISTRICT: L-C-4, Limited Commercial District
PROPERTY ADDRESS: 7331 Skyline Drive East, Columbus, Ohio 43235
OWNER(S): Reserve at Mercer Square LLC
APPLICANT: Preferred Road Estate Investments II, LLC, 470 Olde Worthington Road, Suite 470, Westerville, OH 43082
DATE OF TEXT: August 19, 2009
APPLICATION NUMBER: Z09-014
INTRODUCTION:
The subject site is approximately 7.005 +/- acres located on both sides of Skyline Drive East.
1. PERMITTED USES: The uses permitted shall be all uses permitted in Section 3353 of the Columbus City Codes, C-2, Commercial District, together with a hotel and uses customarily accessory to a hotel.
2. DEVELOPMENT STANDARDS: Except as specified herein, the applicable development standards shall be as specified in the C-4, Commercial District.
A. Density, Height, Lot and/or Setback Commitments.
1. There shall be a minimum 25 foot building setback from Skyline Drive.
2. Existing trees in the fifty (50) foot wide area shown on the attached exhibit (labeled "Tree Preservation Setback") will be preserved, subject to normal forest management practices; open areas may be mowed and/or landscaped. If requested by the City, the Developer will provide a conservation easement over this area to the City at or prior to zoning clearance for development. Prior to commencement of construction activities adjacent to the wooded part of such area, the Developer shall install temporary fencing along the boundary and maintain such fencing during such construction.
3. Along the boundary that the site shares with the property at 3470 Snouffer Road (Tax Parcel No.
590-143661), the Developer shall, so long as such property is zoned or used for a single family residence, maintain a fifteen (15) foot yard area, and within such yard area shall install and maintain screening between such property and buildings, parking or other improvements.
4. Along the Snouffer Road frontage of the site, and notwithstanding that any parking located on the site will be farther from residential properties on the south side of Snouffer Road than required for compliance with Section 3342.17 of the Columbus Zoning Code, any parking area on the site that faces Snouffer Road and is not screened by a building constructed on the site will be screened from properties along the south side of Snouffer Road in accordance with the requirements of Section 3342.17(c) of the Columbus Zoning Code.
B. Access, Loading, Parking and/or other Traffic Related Commitments.
1. Development of the site shall meet the following Healthy Places recommendations:
a. Sidewalks installed along public rights-of-way shall be five (5) feet in width; and
b. At least one bike rack will be installed to serve employees and guests of the development, and will be placed in a central location on the site.
2. As part of the development of the site, pedestrian connection will be provided for the building or buildings on the site to the public sidewalk along Skyline Drive.
C. Buffering, Landscaping, Open Space and/or Screening Commitments.
1. All heating, ventilating, air conditioning and other building mechanical systems and equipment, whether roof mounted or ground level, shall be fully screened from view from Skyline Drive and Snouffer Road. If equipment is ground mounted, either plant material/landscaping or low walls using building materials that are permitted building materials (See D.1), shall be used for screening.
2. All trees and landscaping shall be well maintained. Dead items shall be replaced within six months or at the next planting season, whichever comes first.
3. All trees installed pursuant to this text shall meet the following minimum size at the time of planting: 2 ½″ caliper for the shade trees: 1 ½″ caliper for ornamental trees; 5 feet in height for evergreen trees. Tree caliper is measured six (6) inches from the ground.
4. Within the Tree Preservation Setback area under Item 2.A.3, above, in the event that, for any reason, there is a significant loss of trees within that part of the fifty foot area immediately adjacent to the single family lots to the east, additional trees deciduous trees at a minimum caliper of 2 and ½ inches will be planted by the Developer within such area at one tree for every thirty feet.
5. Screening as provided for in Item 2.A.4, above (adjacent to the property at 3470 Snouffer Road), shall consist of a board-on-board fence six feet in height, together with white pine trees, at one tree for each thirty feet and if any such tree does not survive, it will be replaced within six months or the beginning of the next growing season. The pine trees will be planted on the west side of the fence within the fifteen foot setback.
D. Building Design and/or Interior-Exterior Treatment Commitments.
1. The main exterior building material shall be wood, wood composition siding, vinyl, brick, stone, or cultured stone or a combination thereof.
E. Dumpsters, Lighting, Outdoor Display Areas and/or Other Environmental Commitments.
1. All exterior lighting, including parking lot lighting, but excepting decorative fixtures used at the front entrance, shall use cut-off type fixtures (down-lighting) and shall be designed and placed to minimize off-site light spillage and glare.
2. Parking lot lighting shall be no higher than 18 feet.
3. All new or relocated utility lines shall be installed underground, unless the applicable utility company requires above ground installation.
F. Graphics and Signage Commitments.
1. All graphics shall conform to Article 15 of the Columbus City Codes, as it applies to the C-4, Commercial District. Internally illuminated, moving or changeable copy signs shall be prohibited. Any ground sign shall be monument-style. Any variance to the requirements of Article 15 as it applies in the C-4, Commercial District, shall be subject to review and approval by the Columbus Graphics Commission.
SECTION 4. That this ordinance shall take effect and be in force from and after the earliest period allowed by law. That for the reasons stated in the preamble hereto, which is hereby made a part hereof, this ordinance is hereby declared to be an emergency measure and shall take effect and be in force from and after its passage and approval by the Mayor or 10 days after its passage if the Mayor neither approves nor vetoes the same.